John Patrick, Petitioner v. Richard Hess, Respondents — Canady, J., Dissenting

Summary

Justice Canady dissents, arguing that the Florida Supreme Court lacks jurisdiction to review the Second District Court of Appeal’s decision in Hess v. Patrick because that decision does not expressly and directly conflict with the Fifth District’s ruling in Haigh v. Planning Board or the Fourth District’s ruling in New York State Commissioner of Taxation & Finance v. Friona. He emphasizes that dicta in those cases do not create binding precedent and therefore no conflict jurisdiction exists.